[registration-issues-wg] [CPWG] [GTLD-WG] Fwd: ISOC sells PIR

Alan Greenberg alan.greenberg at mcgill.ca
Sat Nov 16 17:54:07 UTC 2019


The delegation and agreement is with PIR, not ISOC, and PIR will continue to exist.

However, the contract includes: 7.5 Change of Control; Assignment and Subcontracting. Except as set forth in this Section 7.5, neither party may assign any of its rights and obligations under this Agreement without the prior written approval of the other party, which approval will not be unreasonably withheld. For purposes of this Section 7.5, a direct or indirect change of control of Registry Operator or any subcontracting arrangement that relates to any Critical Function (as identified in Section 6 of Specification 10) for the TLD (a ?Material Subcontracting Arrangement?) shall be deemed an assignment.

Perhaps selling the entire PIR corporation could be construed as an "indirect change of control". I personally doubt that ICANN would invoke such an interpretation. Certainly it has not in the past when TLD corporations were sold.

Alan

At 16/11/2019 12:14 PM, lists at christopherwilkinson.eu wrote:

I would also query whether the delegation of .org to ISOC gave rise to ownership with a right to sell.
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